Generics Group, Intel Back Mylan's Fintiv Fight At High Court

By Adam Lidgett (September 14, 2021, 4:32 PM EDT) -- A generic drug industry group and Intel Corp. have thrown their support behind Mylan's plea that the U.S. Supreme Court should strike down a rule under which the Patent Trial and Appeal Board can refuse to review patents due to pending district court litigation.

The Association for Accessible Medicines and Intel filed separate amicus briefs on Monday backing a cert petition from Mylan challenging the so-called NHK-Fintiv rule, which was created last year by two precedential PTAB rulings. The PTAB has used the rule to deny institution of many inter partes review challenges to patents when an upcoming trial in district...

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